A Missouri real estate exam prep instructor is explaining the non-judicial trustee's sale foreclosure process to students. She describes several steps that are required under Missouri law. Which of the following steps is EXCEPT — meaning it is NOT required in Missouri's non-judicial deed of trust foreclosure process?
Correct Answer
C) Filing a lawsuit in circuit court and obtaining a judge's order authorizing the sale
Filing a lawsuit in circuit court and obtaining a judge's order is NOT required in Missouri's non-judicial deed of trust foreclosure process. This is precisely what makes Missouri's trustee's sale process 'non-judicial'—no court involvement is necessary. Under RSMo §§ 443.290–443.430, the trustee can proceed to sale after proper notice without any court filing or judicial authorization. Requiring a court order would describe a judicial foreclosure process, which is not Missouri's standard method for deed of trust foreclosures.
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